From: Janet.McDonald@gov.yk.ca Sent: December-19-14 5:32 PM To: geraldine.james@ctfn.ca Cc: Tina Jules; Albert.Trask@gov.yk.ca; Michael.McBride@gov.yk.ca; Rachel.Grantham@gov.yk.ca; James.McCullough@gov.yk.ca Subject: RE: CTFN request for student information Follow Up Flag: Follow up Flag Status: Flagged Dear Geraldine, The privacy legislation requirements do not allow Yukon Education to share student names unless we have the parents' or students' permissions. We can provide you with the number of CTFN students by school, but not their names. Subsection 35 (1) of the ATIPP Act provides that a public body may use personal information only: for the purpose for which the information was obtained or compiled, or for a use consistent with that purpose; if the individual the information is about has consented to the use; or if the disclosure of the information is authorized under ss. 36 to 39 of the ATIPP Act. Authorized Disclosure Under ss. 36-39 of the ATIPP Act Section 38 of the Act provides that a public body may disclose personal information for a research purpose (including statistical research) but only if: the research purpose cannot reasonably be accomplished unless the information is provided in individually identifiable form; any link between the record and any other records is not harmful to the individuals that the information is about, and the benefits to be derived from the record linkage are clearly in the public interest; the public body concerned (us) has approved conditions relating to security and confidentiality, the removal and destruction of individual identifiers at the earliest possible time, and the prohibition of any subsequent use or disclosure of that information in individually identifiable form without the express authorization of the public body (us); and the person to whom the information is disclosed (CTFN) has signed an agreement to comply with the approved conditions, the ATIPP Act and any of the public body's (our) policies and procedures relating to the confidentiality of personal information. If you could please share what is the purpose of your survey, then a determination could be made if this fits the meaning of s. 38 of the Act. I will be away during the holidays and can respond in January. Sincerely, Janet McDonald Director, First Nation Programs & Partnerships Yukon Education 1000 Lewes Blvd. Whitehorse, Yukon Y1A 3H9 Phone:867.393.6905\Fax:867.456.6766 Website: www.education.gov.yk.ca Statement of Confidentiality This message (including attachments) may contain confidential or privileged information intended for a specific individual or organization. If you have received this communication in error, please notify the sender immediately. If you are not the intended recipient, you are not authorized to use, disclose, distribute, copy, print or rely on the email, and should promptly delete this email from your entire computer system. -----Original Message----- From: Geraldine James [mailto:geraldine.james@ctfn.ca] Sent: Thursday, December 18, 2014 10:15 AM To: Janet.McDonald Cc: Tina Jules Subject: request Good day Janet; I have a request for you, please and thank you! I need all CTFN students that are registered with all Yukon schools along with their names as we are going to be doing a big survey by the end of fiscal year. Gunalcheesh. -- Geraldine James Director of Capacity, CTFN 867-821-4251 ext 8261 geraldine.james@ctfn.ca